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Can I take legal action against my landlord for elevator issues?

Can I take legal action against my landlord for elevator issues?

Full question:

I live in a rented apartment in New York city. My apartment is in the 10th storey and most of the timeI find the lift with a “NOT WORKING” notice. I have notified my landlord of the problem and the fact that my health does not allow for me to climb the stairs. But he has never done anything about it. I would like to move legally against the landlord. Do I have any remedy under law?

Category: Landlord Tenant
Subcategory: Improvements and Fixtures
Date: 04/07/2025
State: New York

Answer:

If a tenant can demonstrate that the landlord has failed to provide essential services specified in the lease, they may have grounds to take legal action. Under New York Real Property Law § 235, landlords are required to furnish services such as elevator service when it is necessary for the proper use of the building.

In your case, since you live on the 10th floor and rely on the elevator due to health issues, the lack of elevator service could be considered a violation of your lease agreement. Therefore, you may pursue legal action against your landlord for this willful violation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What should I do if my landlord refuses to fix the elevator?

If your landlord is unresponsive to requests for elevator repairs, document all communications and the dates of your requests. You can also send a formal written notice outlining the issue and your health concerns. If the landlord still does not act, you may have grounds to file a complaint with local housing authorities or pursue legal action for breach of the lease agreement under New York Real Property Law § 235. Legal advice from an attorney can also help you understand your options.

Can I withhold rent if my elevator is broken?

In New York, withholding rent is a serious action and should be approached cautiously. You may be able to withhold rent if the lack of elevator service significantly affects your ability to live in the apartment. However, it's crucial to follow proper legal procedures and notify your landlord in writing. Consult with an attorney before taking this step to ensure you understand the potential legal implications.

What are essential services a landlord must provide?

Landlords in New York are required to provide essential services that ensure the habitability of the rental unit. These typically include heat, hot water, and elevator service when applicable. If these services are not maintained, tenants may have grounds for legal action. Always check your lease agreement for specific obligations and consult legal advice if you believe your landlord is not meeting these requirements.

How can I prove my landlord is violating the lease?

To prove a lease violation by your landlord, gather evidence such as written communications, photographs of the elevator's condition, and any medical documentation supporting your need for the elevator. Keeping a record of dates when the elevator was out of service can also be helpful. This documentation can support your case if you decide to take legal action for breach of the lease agreement.

What legal remedies are available for tenants in New York?

Tenants in New York may pursue several legal remedies if their landlord fails to provide essential services. These can include filing a complaint with local housing authorities, seeking a rent reduction, or initiating a lawsuit for breach of contract. Legal action can compel the landlord to make necessary repairs and may also allow for recovery of damages. Consulting with a legal professional can help clarify the best course of action for your situation.